Featured Issue: U.S. Immigration Courts under Trump 2.0
The U.S. immigration court system plays a critical role in upholding due process and ensuring fair hearings for individuals facing deportation. However, since January 20, 2025, the Department of Justice (DOJ) has implemented significant changes that challenge the structural integrity of these courts. This page aims to provide up-to-date information on the policy and legal shifts affecting the U.S. immigration court system.
Latest Updates
Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
CA9 Holds Petitioner Not Eligible for Continuous Presence Exception
The court held that the petitioner was not eligible for cancellation of removal because he did not qualify for the continuous physical presence exception available to noncitizens who served in active duty in the U.S. Armed Forces. (Lim v. Holder, 3/26/13)
CA1 on the Good Faith Marriage Requirement
The court upheld the IJ’s determination that the petitioner, who sought to remove the conditions of her residency after she and her husband divorced, did not carry her burden of establishing that she had married her husband in good faith. (Reynoso v. Holder, 3/26/13)
AILA Comments on Rates for Interstate Inmate Calling Services
AILA comments in response to the FCC Notice of Proposed Rulemaking, encouraging the FCC to regulate interstate telephone rates for phone calls made from correctional facilities to ensure just and reasonable rates for inmates, including individuals in immigration detention.
AILA Amicus Brief on Matter of Acosta-Hidalgo
AILA amicus brief arguing that the BIA should reconsider its decision in Matter of Acosta-Hidalgo and conclude that an IJ may determine prima facie eligibility for naturalization for the purpose of deciding whether to terminate pursuant to 8 C.F.R. §1239.2(f).
AILA New Members Division E-News, March 2013 (Vol. 5, Issue 2)
This latest edition brings you expert practice tips on the I-601A provisional waiver and L-1A filings. Plus, don’t miss the second installment of “The Intersection of Immigration and Criminal Law” and guidance on transitioning from the E-2 to the EB-5.
AILA Statement for Senate Hearing on Immigration System Reforms
AILA statement submitted to the Senate Judiciary Committee for the 3/20/13 hearing on “Building an Immigration System Worthy of American Values.”
Bill of Information Against Employer for H-1B Visa Fraud Scheme
Western District of North Carolina bill of information against an employer for participating in a scheme to fraudulently obtain H-1B immigration visas by making materially false statements to DOL and USCIS regarding employment of foreign nationals to their company. (U.S. v. Raju, 3/19/13)
AILA Statement for House Judiciary Hearing on Release of ICE Detainees
AILA statement submitted to the House Judiciary Committee for the 3/19/13 hearing on “The Release of Criminal Detainees by U.S. Immigration and Customs Enforcement: Policy or Politics?”
USCIS Provides Asylum Statistics from 3/19/13 Meeting
Asylum statistics provided by the USCIS Asylum Division at a quarterly stakeholder meeting held on 3/19/13, including statistics on asylum division caseload, cases pending by asylum office, caseload by nationality, and credible fear interviews.
Asylum Division Officer Training Course on Credible Fear Determinations (3/7/13)
Lesson plan on credible fear determinations for the USCIS Asylum Division Officer Training Course obtained by the National Immigration Project of the National Lawyers Guild, ACLU of Massachusetts, and the law firm of Proskauer Rose through FOIA litigation.
Presidential Memo on Deferred Enforced Departure for Liberians
White House press release on official presidential memorandum deferring for 18 months the removal of any Liberian national, or person without nationality who last habitually resided in Liberia, who is present in U.S. ahd who is under a grant of DED as of September 30, 2011.
USCIS Extends EADs and Deferred Enforced Departure for Liberians
USCIS press release announcing that they will automatically extend employment authorization documents (EADs) for Liberian nationals covered under Deferred Enforced Departure (DED) through September 30, 2013, after President Obama’s announcement to extend DED through 9/30/14.
ICE Office of Principal Legal Advisor Organizational Chart
ICE Office of Principal Legal Advisor (OPLA) organizational chart dated March 2013.
CA11 on Conviction under South Carolina Youthful Offender Act
The court held the petitioner’s conviction under the South Carolina Youthful Offender Act qualifies as a conviction for immigration purposes, and that the conviction for pointing a firearm at another person is a crime of violence. (Cole v. U.S. Att’y Gen., 3/14/13)
AILA Amicus Brief on Asylum Claims by Former Gang Members
AILA amicus brief arguing that the BIA’s sweeping position in an unpublished decision, which held that “former members of a gang in El Salvador” cannot constitute a valid particular social group, is flawed and may have a harsh impact on former child gang members.
USCIS Data on DACA Cases Received Through March 14, 2013
USCIS statistics on DACA cases from 8/15/12 to 3/14/13 which shows a total of 453,589 accepted DACA requests for processing, 442,041 biometric services appointments scheduled and 245,493 requests approved.
AILA Testimony for House Appropriations Oversight Hearing on Immigration Enforcement
AILA testimony for Subcommittee on Homeland Security of the Committee on Appropriations Hearing entitled “Oversight Hearing--Immigration Enforcement.”
ACLU Blog: Alabama to Allow Drivers Licenses for DACA Recipients
ACLU blog post about Alabama officials announcing that individuals granted Deferred Action for Childhood Arrivals (DACA) will be allowed to apply for state driver's licenses, beginning on March 15, 2013.
CA11 Criticizes Adverse Credibility Determination in Asylum Case
The court remanded the asylum case, finding that the IJ’s “bald assertion” that the petitioner’s story is implausible could not support the adverse credibility determination and that the IJ relied too heavily on the Country Profile. (Wu v. U.S. Att’y Gen., 3/12/13)
USCIS Transfers Workload from California Service Center to Texas Service Center
USCIS press release announcing that on 3/8/13, USCIS transferred some casework from California Service Center to Texas Service Center to balance overall workload with processing capacity at the centers related to DACA and Form I-765 Application for Employment Authorization.
CA7 Holds Fraudulent Use of Social Security Card is CIMT
The court held that the petitioner was not eligible for cancellation of removal because his prior conviction for using a Social Security card to obtain and maintain employment was a crime involving moral turpitude. (Marin-Rodriguez v. Holder,, 3/6/13)
CA8 Denies Peruvian Asylum Claim Based on Political Opinion
The court upheld the BIA’s conclusion that the petitioner failed to show that Peruvian authorities were unable or unwilling to protect him from his persecutors. (Gutierrez-Vidal v. Holder, 3/11/13)
CA9 Holds CA Conviction for Misdemeanor Sexual Battery is CIMT
The court held that there was no realistic probability that California would apply CA Penal Code §243.4(e), misdemeanor sexual battery, to conduct that is not morally turpitudinous. (Gonzalez-Cervantes v. Holder, 3/8/13)
CA9 Holds Government Needs Reasonable Suspicion to Search Laptop at Border
The en banc court held that the forensic examination of the criminal defendant’s computer required a showing of reasonable suspicion under the Fourth Amendment. (United States v. Cotterman, 3/8/13)
EOIR Announces New Senior Executive Service Member
EOIR press release announcing that effective March 10, 2013, Deputy Chief Immigration Judge (DCIJ) Michael C. McGoings will become a member of the Senior Executive Service, continuing to directly supervise the assistant chief immigration judges and the 58 field courts.